Lawsuit filed on behalf of 4 victims in Jenni Rivera plane crash

A company owned by the late Mexican American singer Jenni Rivera was named in a lawsuit filed Thursday on behalf of the four members of her entourage who were killed along with her in a Dec. 9 plane crash.

The suit, filed in Los Angeles County Superior Court, seeks punitive damages against the current owners of the jet, as well as the previous owner, which sold the plane last year.

The negligence suit names Starwood Management, Rodatz Financial Group Inc., McOco Inc. and Jenni Rivera Enterprises Inc.

Attorneys named Rivera's company because of its role in choosing to use the 43-year-old Learjet 25.

The plane took off from Monterrey, Mexico, and crashed into mountainous terrain after nose-diving 28,000 feet in 30 seconds. Rivera, the four other passengers and the two pilots were killed.

"We cast a wide net to find out exactly who is responsible, and it may be that they're not," attorney Paul Kiesel said. "We have named Rivera Enterprises, who likely arranged the charter of this plane — in hindsight a very bad decision."

The lawsuit seeks punitive damages against current owners Starwood and Rodatz, as well as previous owner McOco, which sold the plane last June. The attorneys said they were not seeking punitive damages against the singer's company.

The suit was filed on behalf of the estates of publicist Arturo Rivera, makeup artist Jacobo Yebale, attorney Mario Macias and hairstylist Jorge "Gigi" Sanchez.

Pedro Rivera Jr., the singer's brother, said he was unaware of the lawsuit and doubted his sister's company would be found at fault.

"That will more likely have to do with the airplane itself," he said in Spanish via telephone. "Everyone has a right to file a lawsuit. They all had families."

Executives with Starwood told The Times shortly after the crash that the jet was perfectly maintained.

According to aviation records, the aircraft suffered "substantial" damage in 2005 when a fuel imbalance caused one wingtip to weigh as much as 300 pounds more than the other. The unnamed pilot lost control and struck a runway distance marker while landing in Amarillo, Texas. Nobody was injured.

The cause of December's fatal crash has not been determined, and it could take more than a year before the National Transportation Safety Board and Mexican authorities wrap up their investigations, Kiesel said, adding that it wasn't necessary to wait for the results before filing the suit.

At a downtown Los Angeles news conference Thursday, attorneys also took issue with the two pilots, 78-year-old Miguel Soto and 20-year-old Alejandro Torres. Although Soto had a lot of flying hours under his belt, he was not licensed to fly at altitudes above 18,000 feet, and Torres was not licensed to fly the jet, the lawsuit alleges.

"Neither pilot was licensed to operate this aircraft at the time and altitude it was flying," Kiesel said. He said the pilots weren't named in the suit because "the company is at fault, not the employees."

Starwood, Rodatz and McOco could not be reached for comment.

adolfo.flores@latimes.com

Times staff writer Scott Gold contributed to this report.

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Live at CES — Day 6

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Meredith Vieira to leave “Millionaire” U.S. TV show

(Reuters) – Television personality Meredith Vieira is leaving the U.S. version of the quiz show “Who Wants to Be a Millionaire” after 11 seasons.

“It’s the final year of Meredith’s contract. She has chosen to move on and pursue other opportunities. We are searching for a new host,” said a spokeswoman for Disney/ABC Television Group.

Vieira will remain on the air for new episodes through May and on repeats that will play over the summer before a new host takes over in the fall, the spokeswoman said.

The international quiz show of British origin gave rise to the popular culture question “Is that your final answer?” and was the basis for the 2008 film “Slumdog Millionaire,” which won a best picture Oscar.

Vieira, a nine-time Emmy winner, may be best-known as host of “Today,” the highly rated morning show on NBC, from 2006 to 2011. Before that she was a host on ABC’s daytime show “The View.”

(Reporting by Daniel Trotta; Editing by Eric Walsh)

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Parental Consent Rule May Proceed for a Circumcision Ritual, a Judge Says

New York City health officials may proceed temporarily with a plan to require parental consent before an infant may undergo a particular Jewish circumcision ritual, a federal judge ruled Thursday.

City officials say 12 cases of herpes simplex virus have likely resulted from the procedure, known as metzitzah b’peh, since 2000, including one Brooklyn case reported this week. Two infants died, and two suffered permanent brain damage. Most Jews no longer practice metzitzah b’peh, in which the circumciser uses his mouth to suck blood from the wound, but it remains common among some ultra-Orthodox communities.

Citing the risk of infection, health officials in September introduced a regulation that would require parents to provide written consent stating that they were aware of the health risks.

But the Central Rabbinical Congress of the United States and Canada, Agudath Israel of America, and the International Bris Association sued in October to stop the rule from taking effect, calling it an infringement of their constitutional rights. They also denied the procedure posed a risk and asked a federal court to put the rule on hold while the litigation proceeded.

In denying the request for a preliminary injunction, Judge Naomi Reice Buchwald of the United States District Court for the Southern District wrote that the risks were clear.

“In light of the quality of the evidence presented in support of the regulation, we conclude that a continued injunction against enforcement of the regulation would not serve the public interest,” she wrote.

City lawyers said they were gratified by the ruling, but Andrew Moesel, a spokesman for the plaintiffs, said the groups would appeal. “We continue to believe that this case is a wrongful and unnecessary intrusion into the rights of freedom of religion and speech,” he said.

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Japan Approves $116 Billion in Emergency Economic Stimulus

TOKYO — The Japanese government approved emergency stimulus spending of more than $100 billion on Friday, part of an aggressive push by Prime Minister Shinzo Abe to kick-start growth in Japan’s long-moribund economy.

Mr. Abe also reiterated pressure on Japan’s central bank to make a firmer commitment to stopping deflation by pumping more money into the economy — a measure the prime minister says is crucial to getting businesses to invest and consumers to spend.

“We will put an end to this shrinking, and aim to build a stronger economy where earnings and incomes can grow,” Mr. Abe told a televised news conference. “For that, the government must first take the initiative to create demand, and boost the entire economy.”

Under the plan, the Japanese government will spend about 10.3 trillion yen (about $116 billion) on public works and disaster mitigation projects, subsidies for companies that invest in new technology and financial aid to small businesses.

The government will seek to raise real economic growth by 2 percentage points and add 600,000 jobs to the economy, Mr. Abe said. The measures announced Friday amount to one of the largest spending plans in Japan’s history, he stressed.

By simply talking about stimulus measures, Mr. Abe, who took office late last month, has already driven down the value of the yen, much to the relief of Japanese exporters whose competitiveness benefits from a weaker currency.

But the government’s promises to spend its way out of economic stagnation also raise concerns over Japan’s public debt, which has already mushroomed to twice the size of its economy and is the largest in the industrialized world.

At the root of Japan’s debt woes was a similar attempt in the 1990s by Mr. Abe’s own Liberal Democratic Party to stimulate economic growth through government spending on extensive public works projects across the country.

Mr. Abe said, however, that the spending this time around would be better focused to bring about growth through investment in innovation. He said the government would also invest in measures that would help mitigate the fall in Japan’s population, by encouraging families to have more children.

“To grow in a sustainable way, we must help create a virtuous cycle where companies actively borrow and invest, and in so doing raise employment and incomes,” Mr. Abe said.

“For that, it is extremely important that we adopt a growth strategy that gives everyone solid hope that the future of the Japanese economy lies in growth.”

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Irvine City Council overhauls oversight, spending on Great Park

Capping a raucous eight-hour-plus meeting, the Irvine City Council early Wednesday voted to overhaul the oversight and spending on the beleaguered Orange County Great Park while authorizing an audit of the more than $220 million that so far has been spent on the ambitious project.

A newly elected City Council majority voted 3 to 2 to terminate contracts with two firms that had been paid a combined $1.1 million a year for consulting, lobbying, marketing and public relations. One of those firms — Forde & Mollrich public relations — has been paid $12.4 million since county voters approved the Great Park plan in 2002.

"We need to stop talking about building a Great Park and actually start building a Great Park," council member Jeff Lalloway said.

The council, by the same split vote, also changed the composition of the Great Park's board of directors, shedding four non-elected members and handing control to Irvine's five council members.

The actions mark a significant turning point in the decade-long effort to turn the former El Toro Marine base into a 1,447-acre municipal park with man-made canyons, rivers, forests and gardens that planners hoped would rival New York's Central Park.

The city hoped to finish and maintain the park for years to come with $1.4 billion in state redevelopment funds. But that money vanished last year as part of the cutbacks to deal with California's massive budget deficit.

"We've gone through $220 million, but where has it gone?" council member Christina Shea said of the project's initial funding from developers in exchange for the right to build around the site. "The fact of the matter is the money is almost gone. It can't be business as usual."

The council majority said the changes will bring accountability and efficiencies to a project that critics say has been larded with wasteful spending and no-bid contracts. For all that has been spent, only about 200 acres of the park has been developed and half of that is leased to farmers.

But council members Larry Agran and Beth Krom, who have steered the course of the project since its inception, voted against reconfiguring the Great Park's board of directors and canceling the contracts with the two firms.

Krom has called the move a "witch hunt" against her and Agran. Feuding between liberal and conservative factions on the council has long shaped Irvine politics.

"This is a power play," she said. "There's a new sheriff in town."

The council meeting stretched long into the night, with the final vote coming Wednesday at 1:34 a.m. Tensions were high in the packed chambers with cheering, clapping and heckling coming from the crowd.

At one point council member Lalloway lamented that he "couldn't hear himself think."

During public comments, newly elected Orange County Supervisor Todd Spitzer chastised the council for "fighting like schoolchildren." Earlier this week he said that if the Irvine's new council majority can't make progress on the Great Park, he would seek a ballot initiative to have the county take over.

And Spitzer angrily told Agran that his stewardship of the project had been a failure.

"You know what?" he said. "It's their vision now. You're in the minority."

mike.anton@latimes.com

rhea.mahbubani@latimes.com

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Live at CES — Day 5

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Justin Bieber to Do Double-Duty on “SNL” in February

LOS ANGELES (TheWrap.com) – Justin’s going to be one busy little Bieber on February 9.

“Baby” singer Justin Bieber will do double duty on “Saturday Night Live” for its February 9 episode, serving as both host and musical guest, NBC said Wednesday.

Bieber, who’s currently thrilling tweeners everywhere on his Believe World Tour, has appeared on the late-night show in the past, appearing in a skit opposite “SNL” alum Dana Carvey’s Church Lady character in a February 2011 episode.

“SNL” returns from hiatus on January 19, with “The Hunger Games” star Jennifer Lawrence hosting and the Lumineers serving as musical guest.

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Supreme Court Weighs Drunken-Driving Blood Tests

WASHINGTON — Prosecutors in Missouri, supported by the federal government, came to the Supreme Court on Wednesday with a big request: They wanted the justices to rule that the police do not need warrants to obtain blood samples in drunken-driving investigations.

There seemed little enthusiasm among the justices for that categorical approach. Instead, the argument turned into a search for a middle ground that would take account of the practical realities of roadside stops, body chemistry and the administration of justice in the digital age.

On the one hand, the natural dissipation of blood alcohol means that time is of the essence when people suspected of drunken driving are pulled over and refuse to consent to a breath test. Obtaining a warrant, moreover, takes time.

On the other hand, several justices expressed discomfort with what Chief Justice John G. Roberts Jr. called the “pretty scary image” of government-sanctioned bodily intrusions involving sharp needles.

The case arose from the arrest of Tyler G. McNeely, who was pulled over for speeding on a Missouri highway and exhibited, the State Supreme Court said, “the telltale signs of intoxication — bloodshot eyes, slurred speech and the smell of alcohol on his breath.” He performed poorly on a field sobriety test and was arrested.

Mr. McNeely refused to take a breath test or, after being taken to a hospital, to consent to a blood test. One was performed anyway, about 25 minutes after he was pulled over, and it showed a blood alcohol level of 0.15 percent, almost twice the legal limit.

The state court suppressed the evidence, saying there had been no “exigent circumstances” that excused the failure to obtain a warrant. “Warrantless intrusions of the body are not to be undertaken lightly,” the court said in an unsigned opinion.

In 1966, in Schmerber v. California, the United States Supreme Court said no warrant was required to take blood without the driver’s consent after an accident in which the driver and a passenger were injured. The fact that alcohol levels diminish over time figured in the court’s analysis, as did the time it took to investigate the scene of the accident and move the injured people to the hospital.

The question in the case heard Wednesday, Missouri v. McNeely, No. 11-1425, was whether the dissipation of blood alcohol by itself justifies taking blood without a warrant when there are no additional factors complicating matters.

Much of the argument concerned how long obtaining a warrant actually takes these days and whether the Supreme Court should encourage streamlined procedures. In some places, the justices were told, warrants can be obtained by phone in as little as 15 or 20 minutes; in others, the process can take two hours or longer.

Nicole A. Saharsky, a lawyer for the federal government, said the day might come when warrants could be obtained so quickly that courts should perhaps require them. “If the world changed,” she told the justices, “so that every police officer had an iPad and that judges were always on duty and that the warrants could be gotten that quickly, you would consider that.” But she said that was not the reality in most of the country today.

That concession, Justice Antonin Scalia said, supported a case-by-case approach. “If it would have taken too long, then it’s O.K. without a warrant,” he said. “If it wouldn’t have taken that long, it’s bad.”

Later, though, Justice Scalia asked Steven R. Shapiro of the American Civil Liberties Union, which represents Mr. McNeely, whether warrants played an important role in stopping unreasonable searches if they were quickly and routinely available.

Mr. Shapiro responded that “the privacy safeguards of the Fourth Amendment benefit by having a neutral and detached magistrate review the evidence before the state does something as intrusive as putting a needle in somebody’s arm.”

The justices also explored other ways of obtaining the required evidence.

“Breathalyzers in my mind have a much different intrusion level,” Justice Sonia Sotomayor said. “They don’t intrude into your body.”

But John N. Koester Jr., a lawyer for Missouri, explained that “it’s very difficult for practical reasons to force someone to blow into the Breathalyzer.”

“You have to take a very deep breath,” he said. “And one police officer told me it’s sort of like you can put a balloon in front of somebody’s mouth, but you can’t make him blow it up.”

Justice Scalia later proposed a second idea: that drivers “in a paddy wagon and on the way to the hospital” could be told a warrant had been requested and that, one way or the other, blood would be drawn unless they agreed to a breath test.

Ms. Saharsky said such drivers might nonetheless “take their chances that the evidence is going to dissipate.”

Justice Elena Kagan said it was also possible that the drivers would not make rational calculations.

“Maybe they’re drunk,” she said.

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Obama’s Pick for Treasury Is Said to Be His Chief of Staff

WASHINGTON — With his choice of Jacob J. Lew to be the secretary of Treasury, President Obama on Thursday will complete the transformation of his economic team from the big-name economists and financial firefighters hired four years ago to budget negotiators ready for the next fiscal fights in Congress.

If confirmed by the Senate, the 57-year-old Mr. Lew — Mr. Obama’s current chief of staff and former budget director — would become the president’s second Treasury secretary, succeeding Timothy F. Geithner, who was the last remaining principal from the original economic team that took office at the height of the global crisis in January 2009.

While the team is changing, so far it is made up entirely of men who have been part of the administration since its first months. Gene B. Sperling, like Mr. Lew a veteran of the Clinton administration, is expected to remain as director of the White House National Economic Council. Alan B. Krueger, a former Treasury economist, continues as chairman of the Council of Economic Advisers and Jeffrey D. Zients, a former business executive, as acting director of the Office of Management and Budget.

That composition gives Mr. Obama a high degree of comfort with his economic advisers, who have experience in the budget struggles that have occupied the administration since Republicans took control of the House two years ago. Those struggles will resume later this month. Yet the continuity also plays into criticism that the president is too insular and insufficiently open to outside voices and fresh eyes in the White House.

Adding to a scarcity of female advisers among Mr. Obama’s top aides, Hilda L. Solis, the secretary of labor for four years, announced on Wednesday that she would be resigning, following the most prominent female Cabinet member, Secretary of State Hillary Rodham Clinton, out of the administration.

Separately, administration officials let it be known on Wednesday that several Cabinet members will remain in their jobs: Kathleen Sebelius, the secretary of health and human services, who is expected to stay through the full adoption of the 2010 health care law in 2014; Eric H. Holder Jr., the attorney general; and Eric K. Shinseki, the secretary of veterans affairs.

If Mr. Lew is confirmed in time, his first test as Treasury secretary could come as soon as next month, when the administration and Congressional Republicans are expected to face off over increasing the nation’s debt ceiling, which is the legal limit on the amount that the government can borrow. Mr. Obama has said he will not negotiate over raising that limit, which was often lifted routinely in the past, but Republican leaders have said they will refuse to support an increase unless he agrees to an equal amount of spending cuts, particularly to entitlement programs like Medicare and Social Security.

Mr. Lew was passed over for Mr. Obama’s economic team four years ago, when Mr. Obama instead chose Lawrence H. Summers, a former Harvard University president and Treasury secretary, as director of the National Economic Council. Mrs. Clinton then hired Mr. Lew at the State Department, and in late 2010 — over the objections of Mrs. Clinton, who had come to rely on Mr. Lew — Mr. Obama made him budget director, the same post Mr. Lew had held late in the Clinton administration.

Mr. Lew in the 1980s was a Democratic adviser to the House speaker then, Thomas P. O’Neill, participating in fiscal talks with the Reagan administration. Mr. Lew is known for his low-key style and organizational skills.

While Mr. Lew has much less experience than Mr. Geithner in international economics and financial markets, he would come to the job with far more expertise in fiscal policy than Mr. Geithner did. That shift in skills reflects the changed times, when emphasis has shifted from a global financial crisis to the budget fights with Republicans in Congress.

The partisan tension suggests that Mr. Lew will be questioned closely by Senate Republicans in confirmation hearings.

But, Republicans have not signaled the kind of opposition they put up to some of Mr. Obama’s other potential nominations.

Mr. Lew’s departure as chief of staff would create a vacancy for what would be Mr. Obama’s fifth White House chief of staff, a turnover rate that is in contrast with the stability atop Treasury the last four years with Mr. Geithner. The leading candidates are said to be Denis McDonough, currently the deputy national security adviser in the White House, and Ronald A. Klain, a former chief of staff to two vice presidents, Joseph R. Biden Jr. and Al Gore.

Before joining the Obama administration, Mr. Lew spent a brief period in the financial sector, at Citigroup, first as managing director of Citi Global Wealth Management and then as chief operating officer of Citigroup Alternative Investments.

By contrast, Mr. Geithner had been president of the New York Federal Reserve Bank, which includes overseeing Wall Street. For the financial industry, Mr. Lew is a largely a blank slate.

“While he can undoubtedly learn the material on the job, we question whether he has sufficient relationships with the banking industry in the U.S. and abroad, which can be critical during a financial crisis,” Brian Gardner, head of Washington research for the investment banking firm Keefe, Bruyette & Woods, wrote to clients on Wednesday.

But Michael Schein, who worked with Mr. Lew at Citigroup and is now head of a nonprofit financial services organization, Accion, countered: “People in the business community like to deal with people in Washington who they can trust. I think Jack already does, and will do, very well with Wall Street and with business leaders because he is a very, very straight shooter.”

Mr. Lew has a reputation as a fiscal progressive who, like Mr. Obama, is eager to protect Medicaid and other antipoverty programs from deep cuts. But advocates for tighter financial regulation of Wall Street question whether he is too conservative.

The question is relevant because major regulations under the 2010 Dodd-Frank law remain to be put into effect in Mr. Obama’s second term.

“He appears to share a Wall Street mentality, particularly when it comes to financial reform,” said Dennis M. Kelleher, the president of Better Markets, a Washington-based nonprofit. “Financial reform is all about making the banking system safer and preventing more taxpayer bailouts.”  

Annie Lowrey contributed reporting.

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